Stewart, Wald & Smith

We have successfully represented thousands of landowners across the country whose land has been taken by the federal government for a Rails to Trails conversion. We have obtained settlements of over 390 million dollars on behalf of property owners, which is far more than any other group of attorneys. We have settled nearly all of the largest Rails to Trails cases to date, including the largest case in history. Our specialized experience and skills have driven our unparalleled success, involving land in 26 states. Here is the short story why landowners often have a claim for compensation from the federal government when a former railroad corridor is converted to a recreational trail: When a railroad stops using its railroad corridor, the landowners on either side of the corridor are often supposed to be able to gain possession and control of that land in the former railroad corridor. But the federal government passed a law that prevents that from happening and instead authorizes the land to be used for a recreational trail that the landowners did not authorize. Federal courts unanimously say this is a taking of land and that private landowners can obtain compensation from the federal government. That is “Rails-to-Trails” litigation.